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Expungement Under Indiana Law

On Behalf of | Aug 15, 2018 | Criminal Defense |

Indiana Code § 35-38-9 provides the requirements and procedures for expunging arrest records and certain criminal convictions. Expungement allows eligible individuals to essentially “erase” these records and be able to answer truthfully on job applications and other documents that they have never been arrested or convicted of a crime. Having your arrest and criminal conviction records expunged can greatly improve your job prospects by removing records that might show up in a criminal background check. Expungement also can help clean up your driving record and save you from the potential embarrassment of having to disclose a past arrest or conviction.

Expunging Arrest Records

Indiana’s expungement law may allow you to expunge any arrest records that:

· Did not result in criminal charges

· Did not result in a criminal conviction, either through acquittal at trial or dismissal of the charges

· Resulted in a conviction that was vacated on appeal

A court cannot grant this type of expungement until at least one year has passed from the date of the arrest or criminal charge, whichever is later, or from the date that the conviction was vacated on appeal.

Expunging Misdemeanor Convictions

If you were convicted of certain misdemeanor crimes, as well as Class D or Level 6 felony convictions that later were reduced to misdemeanors, you may be able to expunge those convictions under Indiana law. However, there are a few types of misdemeanor criminal offenses that you cannot expunge under Indiana law.

Unless the prosecuting attorney consents in writing, you cannot expunge these convictions until five years have passed since the date of the convictions.

Expunging Class D or Level 6 Felony Convictions

You cannot expunge a Class D or Level 6 felony conviction any earlier than eight years following the conviction, unless the prosecuting attorney agrees otherwise in writing. You also are not entitled to an expungement of this type of conviction if you have pending criminal charges, some past criminal convictions, or if you have not paid all fines, fees, court costs, and restitution ordered to be paid as part of your sentence.

Furthermore, some felony convictions are not eligible for expungement, including, but not limited to, the following:

· Sex offenders or violent offenders

· Felony convictions that resulted in bodily injury to another

Expunging Serious Felony Convictions

You may be able to expunge some serious felony convictions, other than those felonies listed in the previous section, if the prosecuting attorney consents to the expungement in writing. These felony convictions cannot be expunged until at least ten years have passed from the date of conviction or at least five years have passed from the completion of the individual’s sentence, unless the prosecuting attorney agrees otherwise. Additionally, you must have paid all fines, fees, court costs, and restitution ordered as part of your sentence in order to expunge these convictions.

Contact a Wayne County Expungement Lawyer Today

At Arnold Law Office, we know how important expungement of past arrests and convictions can be, especially when you are trying to better yourself and further your career. With our help, more opportunities may open up for you, and you can truly put the past behind you. Contact our office today at 765-962-3344 or 866-958-5995 and schedule an appointment to meet with us today.